Abutters to a property currently involved in a Nashua Superior Court case with the Town of Temple asked Select Board members last week to withdraw its objection to neighbors becoming intervenors in the case.
The town is in a legal dispute with the owners of 32 West Road, John Jackson-Marsh and Alan Marsh, over a collection of antique construction equipment that neighbors say is a junkyard that threatens the town’s water supply. The town sued Jackson-Marsh and Marsh for civil penalties related to land-use complaints, and the sides entered mediation outside the court in March of 2021.
The sides reached a settlement agreement, and the town’s lawyer at the time filed with the court that a resolution had been reached. Select Board Chair Bill Ezell reiterated to residents Tuesday that the board was not pleased with the agreement, and agreed with several concerns raised by residents in the aftermath, but because the town’s attorney informed the court a resolution had been reached, the town is now bound to the settlement.
The board signed the agreement at the end of March, but made it conditional on whether the Nashua Superior Court agrees to allow neighbors John and Connie Kieley to become intervenors in the case. An intervenor is a third party with specific interest in a case who has stakes in the outcome, and therefore a right to involvement in the legal proceeding.
The board agreed to sign the settlement, but it is only valid if the court denies the Kieleys’ motion to intervene. Otherwise, it is void.
John Kieley, along with Conservation Commission Chair Scott Hecker, has raised concerns that a hydrology study done by the Jackson-Marshes as a provision of the settlement agreement did not address their concerns or the stipulations outlined in the agreement.
“None of it had to do with the concerns of the Conservation Commission, or the abutters. It doesn’t even address them,” Hecker said.
The Nashua Superior Court heard arguments on the Kieleys’ motion to intervene last week, but has yet to make a ruling. The town has filed a objection to the Kieleys’ motion, despite board members saying Tuesday that the majority of them do not have any personal objections.
“No, I don’t, personally,” Ezell said when asked if the board felt neighbors shouldn’t be allowed to intervene.
Select Board member Ken Caisse echoed the sentiment, while the third member, George Willard, said he held a “neutral position at this point.”
On Tuesday, John Kieley asked the board take a vote to direct their lawyer to rescind the town’s objection to the motion to intervene. Others in the room agreed, noting the intervention would allow for the abutters’ perspective to be heard. Abutter Ivy Bibbler said strengthening the agreement and protecting the town’s water supply was “crucial to everyone in this room.”
Ezell said the board would not take a vote Tuesday on how to direct the town’s counsel on the Kieleys’ motion to intervene, but would call an emergency meeting with its counsel to discuss the matter. On Friday, Ezell said that meeting had been held, but declined to comment on what, if any, decisions had been made during that meeting, which took place in closed session.
“We have no statement at this time. We are waiting for the judge to respond,” Ezell said.
Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.